Comments on draft decrees related to the Land Law

Việt NamViệt Nam11/06/2024

Today, June 11, in Hanoi, Deputy Prime Minister Tran Hong Ha chaired an online meeting to collect opinions, exchange and discuss the draft decrees regulating compensation and resettlement support when the State recovers land and the decree detailing the implementation of a number of articles of the Land Law related to land valuation, land use fees, and land rent. Permanent Vice Chairman of the Provincial People's Committee Ha Sy Dong attended the conference at the Quang Tri province bridge.

The draft decree regulating compensation, support and resettlement when the State recovers land consists of 3 chapters and 32 articles. This Decree details and guides the implementation of Clause 3, Article 87, Article 92, Article 94, Article 95, Article 96, Article 98, Article 99, Article 100, Article 102, Article 106, Article 107, Article 108, Article 109 and Article 111 of the Land Law on compensation, support and resettlement when the State recovers land. The subjects of application of the Decree are state agencies exercising the powers and responsibilities of representing the entire people's ownership of land, performing the task of unified state management of land and civil servants doing land administration work at the commune level; units and organizations performing the task of compensation, support and resettlement; people whose land is recovered and owners of assets attached to the recovered land; other related subjects...

Comments on draft decrees related to the Land Law

Delegates attending the meeting at Quang Tri bridge point - Photo: TL

The draft decree detailing the implementation of a number of articles of the Land Law consists of 10 chapters and 114 articles. This decree details and guides the implementation of many points, clauses and articles related to the Land Law. The subjects of application of the decree are state agencies exercising the powers and responsibilities of representing the entire people's ownership of land, performing the task of unified state management of land; land users as prescribed in Article 4 of the Land Law; other relevant subjects...

The draft decree regulating land prices has 6 chapters and 39 articles regulating land valuation methods; developing, adjusting, amending and supplementing land price lists; conditions for practicing land valuation consultancy... In particular, the subjects of application are agencies performing state management functions on land; agencies with the function of developing, adjusting, amending, supplementing, appraising and deciding on land price lists; agencies and individuals with the authority to determine, appraise and decide on specific land prices; land valuation consultancy organizations, individuals practicing land valuation consultancy; other relevant organizations and individuals.

The draft decree regulating land use fees and land rents consists of 5 chapters and 54 articles, stipulating many contents such as scope of regulation, applicable subjects; regulations on calculation, collection and payment of land use fees; regulations on calculation, collection and payment of land rents; regulations on responsibilities of agencies and land users; and implementation provisions.

Regarding the decree regulating compensation, support, and resettlement when the State recovers land and the decree detailing the implementation of a number of articles of the Land Law, some opinions proposed that some items should be adjusted, such as: Compensation for damage to property, investment costs on remaining land; support, resettlement arrangement; funding arrangement and payment of compensation, support, resettlement... Regarding the scope of adjustment, some opinions said that it is necessary to review and clarify the scope of adjustment of the draft decrees, clearly distinguishing the scope of adjustment of the draft decree from the draft of other documents detailing the implementation of the Land Law. It is proposed to add some contents to points, clauses, articles; combine some articles, clauses together; review and adjust the drafting techniques, language, format; review and adjust citations, references to make them appropriate...

Regarding the decrees related to land valuation, land use fees, and land rents, the majority of delegates agreed with the provisions in the draft decrees to overcome and resolve the shortcomings and problems of current land policies so that local authorities, people, and businesses can more easily organize and implement them.

In addition, based on the current situation, some delegates also requested the Ministry of Finance and the Ministry of Natural Resources and Environment to clarify some contents related to the method of land valuation according to the surplus method; principles for implementing exemption and reduction of land use fees; land rental unit prices; period of stable land rental payment for annual rent (including cases of auctioning land use rights)...

Speaking at the meeting, Deputy Prime Minister Tran Hong Ha requested the Government Office to coordinate with the Ministry of Finance, the Ministry of Justice, and the Ministry of Natural Resources and Environment to absorb, synthesize, review, and complete the draft to ensure the inheritance of current regulations through practical implementation in accordance with the requirements of performing tasks; ensure consistency and synchronization with the 2024 Land Law and high feasibility. Localities, associations, and enterprises, based on the practical situation, promptly send written comments for relevant ministries and branches to study, supplement, and complete the decree to submit to the Government.

The Deputy Prime Minister requested that before submitting to the Prime Minister for signature, the units drafting the draft decrees need to review, check carefully, and seek opinions from the Ministry of Justice to confirm that these decrees have fully adjusted the scope; are built in accordance with the correct order and procedures; ensure consistency and have no conflicts with other decrees and regulations.

Tay Long - Ha Trang


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